SUCCESS Act

Study of Underrepresented Classes Chasing Engineering and Science Success Act of 2018 or the SUCCESS Act

(Sec. 3) This bill directs the U.S. Patent and Trademark Office (USPTO) to study and report to Congress on the number of patents applied for and obtained: (1) by women, minorities, and veterans; and (2) by small businesses owned by women, minorities, and veterans.

The USPTO must provide legislative recommendations to increase the number of women, minorities, and veterans who participate in entrepreneurship activities and apply for patents.

(Sec. 4) Additionally, the bill amends the Leahy-Smith America Invents Act to extend for eight years the authority of the USPTO to set and adjust patent fees.

[115th Congress Public Law 273]
[From the U.S. Government Publishing Office]



[[Page 132 STAT. 4158]]

Public Law 115-273
115th Congress

                                 An Act


 
To direct the Under Secretary of Commerce for Intellectual Property and 
     Director of the United States Patent and Trademark Office, in 
       consultation with the Administrator of the Small Business 
  Administration, to study and provide recommendations to promote the 
  participation of women, minorities, and veterans in entrepreneurship 
 activities and the patent system, to extend by 8 years the Patent and 
Trademark Office's authority to set the amounts for the fees it charges, 
     and for other purposes. <<NOTE: Oct. 31, 2018 -  [H.R. 6758]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: Study 
of791Underrepresented Classes Chasing Engineering and Science 
Success Act of 2018.>> Underrepresented
Classes 
Chasing
Engineering
 and
Science 
Success
Act of 
2018.
SECTION 1. <<NOTE: 15 USC 1 note.>> SHORT TITLE.

    This Act may be cited as the ``Study of Underrepresented Classes 
Chasing Engineering and Science Success Act of 2018'' or the ``SUCCESS 
Act''.
SEC. 2. FINDINGS; SENSE OF CONGRESS.

    (a) Findings.--Congress finds the following:
            (1) Patents and other forms of intellectual property are 
        important engines of innovation, invention, and economic growth.
            (2) Many innovative small businesses, which create over 20 
        percent of the total number of new jobs created in the United 
        States each year, depend on patent protections to commercialize 
        new technologies.
            (3) Universities and their industry partners also rely on 
        patent protections to transfer innovative new technologies from 
        the laboratory or classroom to commercial use.
            (4) Recent studies have shown that there is a significant 
        gap in the number of patents applied for and obtained by women 
        and minorities.

    (b) Sense of Congress.--It is the sense of Congress that the United 
States has the responsibility to work with the private sector to close 
the gap in the number of patents applied for and obtained by women and 
minorities to harness the maximum innovative potential and continue to 
promote United States leadership in the global economy.
SEC. 3. REPORT.

    (a) Study.--The Director, in consultation with the Administrator and 
any other head of an appropriate agency, shall conduct a study that--
            (1) identifies publicly available data on the number of 
        patents annually applied for and obtained by, and the benefits 
        of increasing the number of patents applied for and obtained

[[Page 132 STAT. 4159]]

        by women, minorities, and veterans and small businesses owned by 
        women, minorities, and veterans; and
            (2) provides legislative recommendations for how to--
                    (A) promote the participation of women, minorities, 
                and veterans in entrepreneurship activities; and
                    (B) increase the number of women, minorities, and 
                veterans who apply for and obtain patents.

    (b) Report.--Not later than 1 year after the date of the enactment 
of this Act, the Director shall submit to the Committees on the 
Judiciary and Small Business of the House of Representatives and the 
Committees on the Judiciary and Small Business and Entrepreneurship of 
the Senate a report on the results of the study conducted under 
subsection (a).
SEC. 4. EXTENSION OF FEE-SETTING AUTHORITY.

    Section 10(i)(2) of the Leahy-Smith America Invents Act (Public Law 
112-29; 125 Stat. 319; 35 U.S.C. 41 note) is amended by striking ``7-
year'' and inserting ``15-year''.
SEC. 5. DEFINITIONS.

    In this Act:
            (1) Administrator.--The term ``Administrator'' means the 
        Administrator of the Small Business Administration.
            (2) Agency.--The term ``agency'' means a department, agency, 
        or instrumentality of the United States Government.
            (3) Director.--The term ``Director'' means the Under 
        Secretary of Commerce for Intellectual Property and Director of 
        the United States Patent and Trademark Office.

    Approved October 31, 2018.

LEGISLATIVE HISTORY--H.R. 6758:
---------------------------------------------------------------------------

HOUSE REPORTS: No. 115-966 (Comm. on the Judiciary).
CONGRESSIONAL RECORD, Vol. 164 (2018):
            Sept. 25, considered and passed House.
            Oct. 11, considered and passed Senate.
DAILY COMPILATION OF PRESIDENTIAL DOCUMENTS (2018):
            Oct. 31, Presidential statement.

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